Ordinance on the Personnel Act (Personnel Ordinance, PVO) (Personalverordnung, PVO) - Scope (RP)

1. This regulation applies to the employment relationships of employees according to § 1 of the Personnel Act.

2. Unless otherwise specified, the regulations applicable to part-time employees shall apply mutatis mutandis to full-time employees, and the entitlements shall be calculated in accordance with the degree of employment.

3. Special legislative provisions of the canton and other public entities remain reserved.

1. The implementation of personnel policy is supported by personnel controlling. The government council, the departments, the administrative units, and the courts set personnel policy objectives annually and review their effectiveness.

2. The government council specifically determines the personnel policy-relevant key figures, which must be collected comprehensively. The departments and the highest courts determine which additional data must be collected within their supervisory scope and order the necessary measures.

3. The administrative units and the courts take the necessary measures.

4. The human resources office supports the competent authorities in implementing personnel controlling. It is responsible for the further development of the personnel controlling concept according to the guidelines of the government council.

5. The personnel organizations are to be included in the personnel controlling in accordance with § 61 of the Personnel Act.

1. The Executive Council may, upon request, allow a department to conduct pilot projects to establish decision-making foundations for the further development of working conditions in cantonal administration and cantonal educational institutions. The requesting department must obtain a statement from the Human Resources office in this regard.

2. The Executive Council regulates the purpose of the respective pilot project, the participant group, the rights and obligations of the participants, as well as deviations from personnel law, ensuring that the legal claims of employees are not restricted.

3. It can declare the participation of a certain group of employees in a pilot project as mandatory. In doing so, the following two conditions must be met

a. A trial based on voluntary participation is not suitable.

b. There is no deviation from the claims of the employees arising from the public employment relationship.

4. The duration of the pilot project is generally one year. Exceptionally, the duration can be extended to a maximum of three years if this is necessary for a meaningful evaluation of the pilot project's results and implementation.

1. The public-law contract for the establishment of an employment relationship can be executed in paper or digital form. The Personnel Department may issue directives regarding contract execution.

2. ...

1. In a public-law contract, deviations from the Personnel Act may be made regarding salary claims, working hours, vacation, occupational benefits, and termination of employment if

a. A task that is limited in both content and time needs to be fulfilled,

b. The workplace is subject to repeated changes,

c. The workspace must be provided by the employee,

d. A particular workplace is occupied according to § 62 of the Personnel Act,

e. * Salary is wholly or partially financed by third-party funds,

f. * The employment relationship is jointly supported by the public sector and a third party, or

g. * Employees have reached the age of 65.

2. If the contract deviates from the Personnel Act, the mandatory provisions of the Code of Obligations must be observed.

3. ...

1. Commission Members and Employees who perform the functions listed in Annex 3 of the Salary Ordinance for State Personnel dated September 24, 2002, as a secondary occupation, are entitled to compensation for their work performance and reimbursement of expenses. They have no further financial claims. If the workload of the Commission Members and Employees in the secondary position exceeds 180 hours in the calendar year, they shall have the same rights as other employees.

2. Unless otherwise stipulated, Commission Members and Employees in secondary positions pursuant to paragraph 1 are elected for a term of office of four years. The provisions regarding termination for reasons of age pursuant to § 22 of the Personnel Act do not apply to them.

3. Commission Members and Employees in secondary positions pursuant to paragraph 1 are compensated on an hourly wage basis according to Annex 3 of the Salary Ordinance for State Personnel.

4. If commission activity is part of an employee's job duties, participation is considered working time, and there is no entitlement to compensation.

1. The employment of temporary workers for assignments of up to six months is governed by the provisions of the individual employment contract under the Code of Obligations. If the employment lasts longer than six months or is extended beyond this period, a fixed-term employment relationship is established in accordance with the Personnel Act. There is no entitlement to long-service awards.

1. Interns are employed under a fixed-term employment relationship that can be terminated by either party, with a probationary period of three months. The entitlement to vacation is governed by § 34. The continuation of salary payments in the event of illness and accident lasts one month in the first year of training, and from the second year of training, three months. The termination periods of the employment relationship are governed by the provisions of the individual employment contract under the Code of Obligations. There is no entitlement to long-service awards.

1. The employment relationship of trainees in an apprenticeship is subject to a probationary period of three months. The mandatory provisions of the Code of Obligations regarding apprenticeship contracts must be observed. The entitlement to vacation is six weeks per calendar year. The continuation of salary payments in the event of illness and accident lasts one month in the first year of training and three months from the second year of training. There is no entitlement to long-service gifts.

1. For employees at a special workplace in accordance with § 62 of the Personnel Act, § 9 paragraph 2 of the Personnel Act is not applicable. They can be employed on a fixed-term basis in an employment relationship that can be terminated by either party for up to five years. The fixed term can be extended by a maximum of three years. The continuation of salary payment in the event of illness and accident lasts for one month during the probationary period, and subsequently for 12 weeks in each year of employment. From the 7th year of employment, the continuation of salary payment in weeks per year is calculated as follows: number of years of employment plus six.

1. Employees upon reaching the age of 65 are employed under a fixed-term employment relationship, terminable by either party, for up to five years. The termination notice periods and dates are subject to § 16 of the Personnel Act. Continued payment of salary in the event of illness or accident lasts for one month during any probationary period and thereafter for a maximum of 180 calendar days.

2. The employment relationship shall terminate at the latest by the end of the month following the attainment of the employee's 70th year of age. For teachers and professionals in school services, it shall terminate at the latest in the year they reach their 70th year of age, at the end of the school year. In exceptional cases, employees may be employed even after reaching the age of 70. In such cases, a renewed fixed-term employment is possible.

1. Assistants at universities are employed under a fixed-term employment contract, which can be terminated by either party, for up to five years. This contract can be extended for a maximum of five years following a change in function.

1. Section 9, paragraph 2 of the Personnel Act does not apply to temporary part-time employment contracts for teaching staff at tertiary and quaternary level schools.

1. The employment relationships for special functions are of a public law nature. In the absence of specific regulations, the provisions of the Personnel Act and its ordinances shall apply mutatis mutandis.

1. The standard weekly working time for full-time employees averages 42 hours per year, with the standard daily working time being 8.4 hours. The Personnel Office calculates the annual target working time, taking into account the standard weekly working time and non-working days.

2. Employees may flexibly arrange their working hours within the provisions of this regulation. In doing so, they must consider the fulfillment of performance assignments and customer needs. Provisions according to § 11c and instructions from the superior aimed at ensuring the operational conduct, especially regarding accessibility and operating hours, remain reserved.

3. A break of 15 minutes per half-day counts as working time.

4. For a daily working time exceeding 6 hours, a work interruption of at least 30 minutes must be observed. This does not count as working time.

5. Employees and the competent authorities may mutually agree that work may be performed fully or partially outside the workplace. The Personnel Office issues directives in this regard.

1. Employees perform their work according to one of the following working time models

a. Working time models with flexible working hours: flexitime, annual working hours,

b. Working time models with company-prescribed working hours: fixed working hours, shift work, work according to duty rosters,

c. Trust-based working hours.

2. The competent authority determines the working time models for its employees. It issues a working time regulation in accordance with the personnel guidelines of the service department.

1. In the case of flexitime, the working time balances pursuant to § 14 paragraphs 2 and 3 must be observed at the end of each month.

2. In the case of annual working hours, the working time balances pursuant to § 14 paragraphs 2 and 3 must be observed once a year, usually on December 31.

1. The competent authority may prescribe the working hours of its employees if

a. it is bound to fixed working hours due to operational reasons and the continuation of service cannot be ensured otherwise,

b. it is bound to shift work or duty rosters due to operational reasons,

c. it is dependent on it due to its performance mandate.

1. Employees of functional group Ia according to § 2 of the Pay Regulations for State Personnel dated September 12, 2011 are subject to trust-based working hours.

2. Employees from salary grade 14 according to § 1 of the Pay Regulations for State Personnel and the responsible authorities may mutually agree on trust-based working hours. The agreement must be made in writing and can be revoked at the end of each calendar year. The Personnel Office issues guidelines on the procedure for switching to trust-based working hours.

3. Employees with trust-based working hours are exempt from time recording as per § 19. They only record absences according to the instructions of the Personnel Office.

4. §§ 14 and 15 do not apply to employees with trust-based working hours. They are entitled to 10 compensatory days per calendar year. Unused compensatory days cannot be compensated or carried over to the new calendar year. § 36 paragraph 3 applies accordingly.

1. The daily work shall be performed from Monday to Friday between 6:00 a.m. and 8:00 p.m. Subject to § 11c.

2. Employees who choose their working hours freely are not entitled to compensation according to § 18 of the Salary Regulation for State Personnel.

1. A positive or negative working time balance is calculated from the difference between the actual hours worked and the daily required working hours.

2. The positive working time balance may not exceed 75 hours at the end of a period. A higher working time balance cannot be carried over to the next period or compensated. In justified cases, the competent authority may grant exceptions.

3. The negative working time balance may not exceed 30 hours at the end of a period. In justified cases, the competent authority may grant exceptions or unpaid leave.

1. A positive working time balance must be compensated by reducing the daily target working hours. A full-day or half-day compensation is possible on a total of 20 working days per year. § 36 paragraph 3 applies accordingly.

2. The remuneration of a positive working time balance must be approved by the competent authority, subject to paragraphs 3-5. A negative working time balance leads to a salary reclaim at the latest upon termination of the employment relationship.

3. Employees in Functional Group Ib according to § 2 of the Salary Regulations for State Personnel and employees according to Appendix 2a of the Salary Regulations for State Personnel are not entitled to remuneration of the positive working time balance.

4. Employees in Functional Group II, who perform specialist management or leadership functions according to Appendix 1 of the Salary Regulations for State Personnel, may only be granted remuneration of a positive working time balance in the following cases

a. upon termination of the employment relationship,

b. in case of extraordinary workload due to extensive projects and tasks,

c. when taking on deputy duties due to temporary vacancies.

5. The remuneration of a positive working time balance pursuant to paragraph 4 must be approved by the relevant department, the State Chancellery, or the Supreme Court if a one-time remuneration exceeds the amount of 5,000 francs or if the remunerations per calendar year exceed the amount of 10,000 francs.

1. Private absences shall not be counted towards working hours. This is subject to exceptions for urgent personal obligations pursuant to § 42 paragraph 1.

2. For paid absences, particularly in cases of inability to work due to illness or accident during shift work and work according to a duty roster (including compensation days), a maximum of the required working hours shall be credited per day.

1. Overtime refers to the working hours which exceed the personal work obligation, as directed by a supervisor, during scheduled work or shift work, provided that this exceeds 15 minutes per instance. The employee is required, in special circumstances, to perform overtime work to a reasonable extent.

2. Overtime is to be compensated with time off in the same amount plus an additional 15-minute allowance per hour of overtime, as soon as it is operationally feasible.

3. If compensation with time off is not possible within one year for operational reasons, the competent authority will decide on later compensation with time off or the remuneration of overtime according to § 17 of the Remuneration Regulation for State Personnel. The time allowance according to paragraph 2 may already be compensated in the month it occurs.

4. The claim for compensation or remuneration must be asserted no later than one year after the overtime was performed.

5. ...

1. Days Off Are

a. Sundays,

b. * New Year's Day, Berchtold's Day, Good Friday, Easter Monday, Ascension Day, Whit Monday, Corpus Christi, August 1st, Assumption of Mary, All Saints' Day, Immaculate Conception, afternoon of December 24th, Christmas, St. Stephen's Day, afternoon of December 31st.

c. * ...

1bis. For other public holidays at the workplace that fall on a working day and during which employees do not work, the required working hours must be made up before or after or compensated through vacation days over the course of the year.

2. Special regulations regarding working hours according to § 11c remain reserved.

3. Employees who cannot take advantage of these days off, either fully or partially, are entitled to regular days off, particularly at least one work-free weekend per month.

1. Employees are required to record the hours worked per day and any deviations from the standard daily working hours. The Human Resources Department shall issue instructions regarding this.

2. The organization and monitoring of timekeeping shall be determined by the competent authority.

1. A person is considered wholly or partially incapable of working if, due to illness or accident, they are unable to perform their professional duties at all or only partially.

1. The incapacity for work and the resumption of work must be reported to the superior without delay.

2. If the incapacity for work due to illness lasts longer than seven consecutive calendar days and due to an accident longer than three consecutive calendar days, the employee must submit a medical certificate to the competent authority. If the incapacity for work continues, a medical certificate must be submitted regularly.

3. If there are reasonable doubts that the employee is incapacitated for work, the competent authority may request the submission of a medical certificate at any time.

4. If after the alteration or termination of the employment relationship a compensation pursuant to § 24 is paid, the former employee must submit a medical certificate to the personnel department or the competent authority according to § 61 by the 5th of each calendar month without being asked. In special cases, this requirement may be waived.

5. Benefits and any changes in benefits from domestic and foreign social insurance must be reported to the competent authority without delay upon their announcement or implementation.

1. The medical examination by a designated trust physician serves to clarify the health condition and work capacity of the employee.

2. The competent authority may at any time order the examination of the employee by a trust physician appointed by the public entity. This applies even after the termination of the employment relationship, as long as compensation pursuant to § 24 is being provided.

3. Employees may, in justified cases, request a medical examination by a designated trust physician or reject the trust physician appointed by the public entity.

4. The costs of the examination shall be borne by the public entity.

1. In case of incapacity to work, the employee shall continue to receive their salary, including any applicable social allowances, from the first day of incapacity for a maximum of 730 calendar days.

2. The continuation of salary payment ends no later than the legally valid termination of the employment relationship.

3. During the probationary period, the salary is continued for one month.

4. For the calculation of the salary, the daily normal working hours and, in the case of repeatedly changing employment levels, the average salary of the past twelve months are decisive.

1. If the employment relationship is terminated or modified due to permanent incapacity to work before the expiry of the period according to § 23 paragraph 1, compensation equivalent to the continued payment of salary, including any possible social allowances, will be granted until the end of the period, provided the incapacity for work is certified for the entire duration and the employment relationship was entered into for this duration or indefinitely.

2. If the employment relationship of an employee elected for a fixed term is terminated due to permanent incapacity to work before the expiry of the period of § 23 paragraph 1, or if it ends with the expiry of the term, compensation will be granted until the end of the period as stated in paragraph 1.

1. If the average work capacity between two periods of incapacity for work is at least 90 percent of the employment degree and lasts twelve or more months, there is once again an entitlement to salary during a renewed incapacity for work for a maximum of 730 calendar days.

2. If the average work capacity between two periods of incapacity for work is less than 90 percent of the employment degree or lasts less than twelve months, the duration of continued salary payment during the previous incapacity for work will be deducted from the maximum entitlement during a renewed incapacity for work. There is a total entitlement to salary for 730 calendar days.

3. The competent authority may extend the period after the expiration of 730 days if it is medically assessed by a trusted physician that full work capacity in the current role can be regained in the foreseeable future.

1. If the employment relationship is changed due to incapacity to work and the working capacity after the change averages at least 90 percent of the employment level over twelve months, there is, in the event of renewed incapacity to work, an entitlement to remuneration for a maximum of 730 calendar days. If these conditions are not met, the entitlement to continued remuneration is reduced to a maximum of 365 calendar days.

1. During the period of continued payment of salary and the provision of compensation in accordance with § 24, daily allowances and pension benefits from domestic and foreign social insurers shall accrue to the public entity and, if they have already been paid out, shall be offset against the salary. Employees are obligated to assert corresponding claims and to promptly inform the Personnel Office or, where applicable, the department specified in § 61.

1. The benefits pursuant to §§ 23-26 are also owed in the event that the community enters into insurance concerning its employees. Differing decrees of the community remain reserved.

1. For employees according to § 1 Paragraph 1 of the Personnel Act, with the exception of employees of independent public-law institutions and corporations, the canton shall, in the event of an occupational accident or occupational disease, supplementing the mandatory accident insurance, cover the costs for treatment, meals, and accommodation in the semi-private ward during an inpatient hospital stay if the mandatory accident insurance, according to Article 15 Paragraph 1 of the Ordinance on Accident Insurance (UVV) of December 20, 1982, covers the costs for treatment in the general ward of the respective hospital. This does not apply to accidents occurring on the way to or from work.

2. If the mandatory accident insurance reduces its benefits for treatment in another hospital according to Article 15 Paragraph 2 UVV, the assumption of costs shall be reduced proportionately to the same extent. The benefits are paid directly to the hospital.

3. In cases of intentional or grossly negligent causation of the occupational accident or occupational disease, the entitlement according to Paragraph 1 is forfeited. Intentional or grossly negligent behavior is presumed if the mandatory accident insurance makes a reduction in benefits or denies benefits according to Article 37 of the Federal Act on Accident Insurance (UVG) of March 20, 1981.

4. In the case of relapses and late consequences from occupational accidents or occupational diseases, benefits according to Paragraph 1 are granted, provided that employment with the Canton of Lucerne continues at the time of the recurrence or late consequences.

5. The canton may conclude insurance for the benefits according to Paragraph 1.

1. Services within the meaning of this regulation are

a. military service in the Swiss army and civilian alternative service,

b. instruction and mandatory services in civil defense,

c. humanitarian missions (within the framework of peacekeeping operations and Good Offices of the Confederation, the ICRC, and the Swiss Disaster Relief Unit),

d. extracurricular youth work in a cultural, social, or athletic organization, including necessary training and education,

e. federal and cantonal leaders' courses from "Youth and Sports,"

f. courses for young shooting leaders and marksmanship instructors,

g. instruction and fire service,

h. voluntary services, provided there is an entitlement to compensation for loss of earnings,

i. reports, courses, and exercises within the framework of total defense.

**1. Employees are required to report the duration and timing of their services to the head of the department or to the court as soon as these are known.**

**2. If the employees can influence the timing of their services, they are to determine it in agreement with the head of the department or with the court.**

**3. For matters related to paragraphs 1 and 2, employees should approach the department head, provided that the responsibilities have been delegated to them according to Sections 66 and 67 of the Personnel Act.**

1. Employees are entitled to paid leave during the period of their services.

2. The entitlement to paid leave is waived for the duration of additional services,

a. if military service or civilian alternative service has lasted a total of more than twelve months over the past four years,

b. * ...

c. if humanitarian service has lasted a total of more than four months over the past two years,

d. if extracurricular youth work has exceeded five working days during the calendar year,

e. if other services as defined in § 29 subsections e-i have exceeded a total of ten working days during the calendar year.

3. Employees are entitled to unpaid leave during the period of additional services if the operations are ensured.

1. If employees perform uninterrupted service for over two months, they are granted paid leave under the maximum duration set forth in § 31 paragraph 2a, on the condition that they remain employed with the same public authority for at least two years thereafter and interrupt their employment relationship for a maximum of three months during this period.

2. If this condition is not met, the employee must proportionally refund the difference between the salary paid and the income compensation.

1. Compensation for lost earnings and any additional compensation goes to the public entity that pays the salary. If the employees earn only a part of their income from the public entity, they have a proportional claim to compensation for lost earnings.

2. Employees must immediately submit the notification card for compensation for lost earnings to the head of the department or the court. They are liable to the public entity for any damage caused by a violation of the reporting obligation.

2a. Employees submit the notification card to the head of the department if those responsibilities have been assigned to them under sections 66 or 67 of the Personnel Act.

3. Compensation for lost earnings during an unpaid leave remains with the employee.

1. Employees are entitled to the following vacation days each calendar year

Relevant Age: Vacation Entitlement

up to 20: 30 workdays *

from 21: 25 workdays *

from 50: 30 workdays *

from 60: 33 workdays *

2. The relevant age corresponds to the difference between the current calendar year and the year of birth.

1. The entitlement to vacation accrues proportionally to the duration of employment if

a. the employment relationship does not cover the entire calendar year,

b. the employee was on unpaid leave for a total of at least 20 working days,

c. the employee was unable to work for a total of at least 60 working days or was on paid leave due to service duties.

2. The period according to paragraph 1b shall be extended accordingly if the leave was partially paid. This also applies to the period according to paragraph 1c if there is partial incapacity to work.

3. If employees have taken more vacation than they are entitled to, a corresponding salary reduction or a reduction in vacation entitlement in the following calendar year shall apply at will.

**1. Employees must take their vacation during the current calendar year.**

**2. A vacation period must generally last at least one week. As a rule, a maximum of five vacation days can be taken on a daily or half-day basis.**

**3. The competent authority determines the vacation periods for employees. The wishes of the employees must be taken into account to the extent possible without impairing the orderly operation of services. Parents of school-age children have priority for vacation during the school holidays.**

1. Vacation days may be subsequently taken if the employee can provide a medical certificate proving days of illness or accident, the vacation days could not be taken for their intended purpose due to the illness or accident, and there is no gross personal negligence involved.

1. Of the vacation days not taken in the current calendar year, a maximum of five days may be carried over to the next calendar year.

2. The competent authority may allow the transfer of more than five vacation days from one calendar year to the next for important reasons.

3. Upon termination of the employment relationship, the vacation entitlement for the year of departure is compensated in cash if the vacation cannot be taken due to operational reasons.

1. Employees who are employed on an hourly wage basis are provided with a vacation compensation to settle the salary entitlement for the vacation period.

2. The vacation compensation is included in the remunerations pursuant to § 38 of the Personnel Act and is added to the hourly wages in accordance with § 5 paragraph 2 of the Salary Ordinance for State Personnel.

1. By granting leave, employees are released from their duty to perform work entirely or partially for a limited period, without altering their employment relationship.

2. In the case of paid leave, the salary entitlement of the employees remains during the leave. For employees with irregular part-time work, it is calculated based on the average salary over the past twelve months.

3. In the case of unpaid or partially paid leave, the salary entitlement ceases entirely or partially during the leave.

1. Employees are entitled to paid leave for the following events

a. * Own civil and religious wedding in total: 3 working days

b. Death in one's own household and in the family: 3 working days

c. Moving residence: 1 working day

2. Additionally, in the following events, if they occur during working hours, there is an entitlement to paid leave

a. * Wedding in the family or with close relatives: 1 working day

b. Death of close relatives: 1 working day

c. Death of close professional colleagues and friends: ½ working day

d. Court summons as a party or witness: Attendance

e. * Caring for a sick family member or partner, until third-party care is ensured: 3 working days per event, maximum of 10 working days per calendar year

f. Participation in personnel organizations: at official events and meetings: Attendance

3. Paid leave according to paragraph 2 shall be granted regardless of the level of employment.

1. In the absence of a legal entitlement, the competent authority may grant an employee a short leave of up to three days to fulfill urgent private obligations.

2. The granting of a longer leave, particularly for the purpose of training and further education, is at the discretion of the competent authority. This is subject to § 43 paragraph 5. The competent authority grants the leave if the orderly conduct of official duties is assured and no overriding public interests are opposed.

1. Leave of Absence in accordance with Section 42 Paragraph 1 is remunerated.

2. An extended leave of absence is remunerated if the reason for the employee's exemption is predominantly in the public interest. Remuneration is generally provided for a maximum of twelve weeks.

3. A partially remunerated leave of absence is granted if the reason for the employee's exemption is both in the public interest and in the interest of the employee.

4. Unpaid leave of absence is granted if the reason for the exemption is predominantly in the interest of the employee.

5. The competent department, the state chancery, and the highest court may grant employees in a permanent employment relationship a partially remunerated leave of absence after completing at least ten years of service with the same municipality, provided the purpose of the leave is in the interest of the municipality (Sabbatical). The remunerated portion of the leave lasts at least two and a maximum of six weeks, while the unpaid portion lasts at least two weeks. The Personnel Office issues directives regarding this.

**1. The employee is entitled to a paid maternity leave of a total of 16 weeks, which she can commence no earlier than two weeks prior to the birth. The remuneration is based on the employment level at the start of the leave.**

**1bis.** If the entitlement to maternity compensation is extended according to Article 16c of the Income Compensation Act of September 25, 1952, because the newborn must remain in the hospital continuously for at least two weeks immediately after birth, the entitlement to paid maternity leave is extended accordingly.

**1ter.** If the employee is entitled to additional daily allowances pursuant to Article 16cbis of the Income Compensation Act, because the legal other parent has died within the six months following the birth of the child, there is an entitlement to paid leave for the duration of the daily allowance entitlement. The leave is to be taken on a weekly or daily basis within six months from the day after the death. The timing of the leave must be predetermined with the competent authority. The remuneration is based on the employment level at the time of the child's birth.

**2.** The entitlement to maternity leave and its remuneration ends upon resumption of work or with the legal termination of the employment relationship.

**3.** The employee may leave the workplace due to complaints related to pregnancy after notifying the supervisor.

**4.** Sick days and accident days during maternity leave are credited towards maternity leave. If there is an incapacity to work at the end of maternity leave, §§ 20 ff. are to be applied.

**5.** Taking maternity leave does not reduce the entitlement to vacation.

**6.** ...

**7.** ...

**8.** The employee is entitled to six months of unpaid leave immediately following the paid maternity leave pursuant to paragraph 1. The leave must be announced at least eight weeks in advance. In the event of a late announcement, the competent authority may shorten or deny the leave for operational reasons.

1. The employee is entitled to ten working days of paid paternity leave upon the birth of their own child, which can be taken either consecutively or on a day-by-day basis within six months following the birth. The remuneration is determined based on the employment level at the time of the child's birth.

2. In the child's first year of life, the employee is entitled to four weeks of unpaid paternity leave.

3. The timing of the leave must be determined in advance with the competent authority.

1. The employee shall be entitled to the leaves pursuant to § 45, provided that they are married to or in a de facto relationship with the biological mother or the biological father at the time of the child's birth.

1. If the employee is entitled to additional daily allowances pursuant to Article 16kbis of the Income Compensation Act because the mother died on the day of childbirth or during the 97 days thereafter, there is an entitlement to paid leave for the period the daily allowance is received. The remuneration is based on the employment level at the commencement of the leave.

2. The provisions of § 44 paragraphs 2, 4, and 5 apply mutatis mutandis.

1. The employee is entitled to a paid adoption leave of ten working days when establishing a foster child relationship in anticipation of a subsequent adoption for a child less than four years old.

2. He or she is entitled to four weeks of unpaid adoption leave within the first year of establishing a foster child relationship. The timing must be agreed upon in advance with the competent authority.

3. The entitlements according to paragraphs 1 and 2 are available to both parents independently. Taking leave according to § 45a excludes the entitlement to adoption leave.

1. If the employee is entitled to a care compensation under Articles 16n-16s of the Income Compensation Act, because his or her child is severely health-impaired due to illness or accident, there is an entitlement to a paid care leave of up to 14 weeks.

2. The care leave must be taken within a framework period of 18 months. The framework period begins on the day for which the first daily allowance is claimed by an eligible parent.

3. If both parents are employed, each parent is entitled to a care leave of up to seven weeks. The parents may choose a different division of the leave.

4. The care leave can be taken on a daily basis or in one block. Taking the leave does not reduce the entitlement to vacation.

5. The competent authority must be informed immediately about the planned taking of the leave and the modalities of the leave, as well as any changes. Upon request, a medical certificate must be submitted to the competent authority, confirming the severe health impairment and the necessity for at least one parent to accompany, care for, or nurse the child.

1. Unless otherwise provided, § 33 of this regulation applies to the offset and assignment of the compensation awarded pursuant to the Income Compensation Act.

1. Prohibited are especially secondary activities,

a. which cause the employees to appear biased in the performance of their official duties,

b. during the exercise of which employees may exploit knowledge subject to confidentiality obligations according to § 52 of the Personnel Act,

c. which may impair the trustworthiness of employees regarding their official activities,

d. that, together with the position within the community, reach a scope that significantly exceeds a full-time position.

2. The special provisions for judges as well as members of conciliation bodies are reserved.

1. Employees may not engage in any secondary employment without the approval of the competent authority, which

a. requires working hours,

b. may impair their work performance.

2. The application for approval of secondary employment must be submitted in writing.

3. The competent authority may approve the secondary employment, provided that the orderly operation of services is ensured and there are no overriding public interests. At the same time, it may relieve employees of their duty to work to the necessary extent and typically grants them unpaid leave.

4. Instead of leave, the competent authority may allow employees to adjust their personal working hours accordingly and perform part of their work outside the regular daily working hours.

5. The use of personnel resources and infrastructure of the service office or court for the exercise of secondary employment generally requires approval and compensation.

1. Employees who have been granted permission to engage in secondary employment in one or more public offices are entitled to a leave of absence of up to 15 working days per calendar year, which is generally partly or fully paid.

2. Additional days of leave for public offices are not paid.

3. The time commitment required for the exercise of a public office, as well as the amount of compensation provided for it, shall be taken into account when determining both the duration of the leave and the entitlement to salary during the leave.

1. The authorization to engage in secondary employment is granted for a maximum duration of four years. If it is granted for the exercise of a public office, it shall be limited to the corresponding term of office. In the event of a change in an employment relationship, the authorization previously granted to the employee under the current employment relationship must be reassessed.

1. The competent authority for the release from the obligation of confidentiality is the administrative body that oversees the body to which the employee belongs. The supervisory body may delegate this authority to the head of the subordinate body. Provisions of the Cantonal Council Act of June 28, 1976, remain reserved.

2. If multiple employees from different bodies are to be released from the obligation of confidentiality in the same matter, the highest affected supervisory body, or in the case of equal rank, the supervisory body primarily involved in the matter of the public entity shall be responsible for all decisions. If there is a dispute over competence, the highest administrative authority of the public entity shall decide.

3. Release from the obligation of confidentiality may only be refused if overriding public or private interests require it.

4. For the release from the obligation of confidentiality after termination of the employment relationship, paragraph 1 applies accordingly.

1. For the protection of the health of employees, the relevant provisions of the Federal Act on Work in Industry, Trades, and Commerce (Labour Act) of March 13, 1964, apply in accordance with federal law.

1. The Executive Council ensures, through appropriate preventive measures, the protection of employees from sexual harassment and the safeguarding of their rights in conflict situations.

2. The Personnel Office and the authorities pursuant to § 61 advise and support employees, supervisors, and other affected parties. They facilitate assistance that supports the affected parties in asserting their rights.

1. The Personnel Assistance Fund is financed by allocations from the state budget. The management of the Personnel Assistance Fund is divided between the employees of the canton and the teachers of the municipal primary schools and music schools, as well as the professionals of the school services.

2. The Government Council appoints a fund committee for the Personnel Assistance Fund for the benefit of the canton’s employees for a term of office. This committee consists of one representative each from the Personnel Office and the personnel organizations. The personnel organizations have the right to propose their representative for election. In addition, for the examination of a request, the departmental secretary of the department responsible for the origin of the request will, by virtue of their office, participate in the fund committee.

2bis. The Government Council appoints a fund committee for the Personnel Assistance Fund for the benefit of the teachers of the municipal primary schools, music schools, and school service professionals for a term of office. This committee consists of one representative each from the Office for Primary School Education and from the personnel organizations, as well as the departmental secretary of the Department of Education and Culture. The personnel organizations have the right to propose their representative for election.

3. The fund committees review the assistance applications from their respective interest groups and submit proposals. The Personnel Office decides on the applications for benefits from cantonal employees, while the Office for Primary School Education decides on the applications from teachers or school service professionals, each within the scope of their budgetary authority.

4. The decisions are executed by the Personnel Office or, respectively, by the Office for Primary School Education.

1. Under the conditions of § 43 of the Personnel Act, employees or recipients of old-age or disability pensions from the Lucerne Pension Fund may be granted interest-free loans or receive monetary benefits. A combination of both types of benefits is possible.

2. The nature and amount of the benefits depend in particular on the reason for the application, the economic situation of the applicant, personal circumstances, the previous duration of the employment relationship, and future earning opportunities.

1. The Personnel Office serves as a staff unit overseeing the personnel management of the canton. Its role is to ensure the equitable and efficient execution of personnel law and, in particular, to carry out the following tasks, insofar as these do not fall within the competence of another agency

a. the preparation of legislative decrees and instructions in the field of personnel management,

b. the issuance of guidelines for the implementation of personnel law, in particular templates for appointments pursuant to §§ 4 and 5 et seq.,

c. the support of agencies responsible for personnel management through information and advice, as well as assistance in the issuance and execution of personnel law decisions,

d. the supervision of the equitable and economic implementation of personnel law,

e. advising employees,

f. collaboration with personnel organizations,

g. the recording, evaluation, and storage of data concerning employees' employment relationships, as well as data protection,

h. salary administration and payments,

i. the organization and implementation of vocational training and further education,

j. support and accompaniment of evaluation and development discussions,

k. public relations work,

l. the enforcement of orders for confidential medical examinations,

m. the issuance of opinions on complaints against personnel law decisions,

n. the calculation of the annual expected working hours.

2. Additional tasks may arise from the service agreement of the Personnel Office as approved by the Government Council.

1. The Human Resources Department promotes and ensures equal employment opportunities for women and men and the compatibility of work and family life. It prepares corresponding decrees and takes the necessary measures. It advises the offices responsible for personnel management and the employees on these matters.

1. Employees and the offices responsible for personnel management must provide the Personnel Office with all the information necessary for the fulfillment of its tasks.

2. The Personnel Office regulates the reporting system through directives and communicates directly with all offices.

1. The Personnel Department assists the competent authorities in searching for and hiring suitable employees.

2. It conducts public tenders, generally accompanies the employment interviews, and prepares the public-law contracts.

1. The competent authority shall obtain the opinion of the Personnel Department before issuing the following decisions

a. * Establishment of an employment relationship, including determination of the essential components of the employment relationship pursuant to § 12 paragraph 2 of the Personnel Act,

b. * Modification or termination of an employment relationship, unless this occurs by mutual agreement,

c. * Mobile-flexible working abroad,

d. Paid leave without entitlement of more than ten working days,

e. * Salary determination due to a change in function.

f. * ...

2. Departments and first-instance civil and criminal courts may deviate from the opinion on decisions pursuant to paragraph 1a, b, and e only with the consent of the competent department or State Chancellery or the highest court.

3. ...

1. The authority for concluding apprenticeship contracts with trainees is governed by § 66 of the Personnel Act.

2. The Vocational Training Department of the Personnel Office supports the training organizational units.

1. ...

2. Specific tasks of the Personnel Department may be delegated to other departments for execution through a decision by the Government Council.

3. The Personnel Department has the authority to issue directives.

1. The outsourcing of IT services related to the personnel information system is permissible, provided that data protection regulations, as well as the provisions of this ordinance and the IT ordinance dated June 17, 2016, are complied with. Financial law regulations remain reserved.

2. The outsourcing requires a written agreement that regulates at least the following points

a. Content of the service,

b. Preservation of official secrecy and special confidentiality obligations,

c. Responsibilities,

d. Technologies used, including development and maintenance,

e. Access and entry rights,

f. Security concept,

g. Locations of hardware and data processing,

h. Control rights,

i. Involvement of third parties,

j. Archiving.

3. The personnel department ensures, through organizational or technical measures and contractually, that the fulfillment of state duties is guaranteed without significant impairment, even if the contractor does not adhere to agreements or ceases its business activities.

4. The outsourcing requires the approval of the government council.

1. The contractor, including its employees and auxiliaries, shall be subject to the official, professional and special confidentiality obligations, as well as the duties of data protection and information security, to which the Personnel Department is bound.

2. The Personnel Department shall ensure that it, and the persons it commissions, the Data Protection Officer, and the financial control authorities are granted access to the premises and facilities, the necessary access rights to the relevant data, and suitable support.

1. The Department of Personnel is deemed responsible for personal data within the meaning of the Cantonal Data Protection Act of July 2, 1990.

2. The data subject shall exercise their control rights in accordance with Sections 14 et seq. of the Cantonal Data Protection Act with the Department of Personnel. The contractor is not authorized to substantively process such requests.

1. The supervisor conducts an assessment and development interview with the employee annually as well as before the end of the probationary period. Based on this interview, the supervisor determines an evaluation score, which is comprised of the assessment of the development of personal performance, goal achievement, and conduct.

2. The supervisor discusses the evaluation with the employee and provides it to them for review. The employees acknowledge the review by signing. Any statements provided are attached to the evaluation.

3. Generally, the supervisor and the employees agree on the annual goals for the following year based on the evaluation.

1. The superior communicates the assessment value to the competent authority. The competent authority may review the assessment documents.

2. Decisions regarding the existence and content of the employment relationship, the granting of performance bonuses, and the determination of individual salary adjustments must take the assessment and development discussions into account.

1. Employees can request a meeting with the head of the department or with an entity designated by the court if they disagree with the evaluation made by their superior. If the evaluation was conducted by the head of the department themselves, employees may appeal to the head of the department.

2. The evaluation cannot be independently contested. It is reviewed by the appellate authority if the decision upon which the evaluation is based is contested.

1. Supervisor Evaluation is a tool for leadership development and is intended to assist the person in charge in improving their leadership work.

2. The Human Resources Office advises and supports the departments, offices, and courts in the development and implementation of tools that allow employees to periodically evaluate the leadership behavior of their direct superiors.

3. In the evaluation of the assessment, as well as in the planning and implementation of improvement measures, the Human Resources Office provides advisory support.

4. The heads of departments, the heads of offices, and the courts can declare the supervisor evaluation mandatory after a phase of introduction.

1. The Executive Council is responsible, as per § 66 paragraph 1a of the Personnel Act, for the establishment, modification, and termination of the employment relationships of employees in Function Group Ia.

2. The authorities responsible for teachers and educational service professionals at cantonal schools are

a. * the Head of the competent service for the principals of the cantonal schools, for the principal of the Adult Maturity School, and for the school administrations of other cantonal schools,

b. * the principals of the cantonal schools for the other members of the school administration,

c. * the school administrations for the teachers and educational service professionals.

3. The authorities responsible as per paragraph 2 and § 66 paragraph 2 of the Personnel Act may internally regulate or delegate the authority to sign personnel-related decisions according to the regulations of the Organizational Ordinance (OV) of July 4, 2017 [18].

1. The provisions of the Administrative Law are to be applied to the issuance, execution, and communication of personnel decisions.

2. Personnel decisions are to be executed according to § 110 of the Administrative Law. Decisions regarding the unilateral modification or termination of an employment relationship must be substantiated with sufficient grounds.

3. The competent authority may waive the written execution of a personnel decision if it grants the employee a benefit either ex officio or upon request, or if the decision is in favor of the employee.

4. If the employee disagrees with the decision, they may request a written execution as per § 110 of the Administrative Law from the competent authority within ten days of gaining knowledge of it and may challenge the decision according to the legal instructions for appeal.

1. The Conciliation Board may be called upon in disputes arising from a public-law employment relationship by the affected employees or the competent authority of the canton.

1. The mediation body advises both the employees and the competent authority. It attempts to bring about a settlement.

1. The Governing Council elects two members for the presidency and six members from the ranks of the employees for the conciliation board. Three members from the ranks of the employees are elected upon the proposal of the employee organizations. The term of office is four years.

2. The conciliation board operates in a panel of three, consisting of a president and two members from the ranks of the employees, one of whom exercises a supervisory function. Both genders are represented.

3. The president conducts the proceedings.

4. The Personnel Office manages the secretariat of the conciliation board. It participates in the negotiations of the conciliation board with an advisory vote.

1. The conciliation procedure is voluntary.

2. The request for the initiation of a conciliation procedure must be submitted in writing and with justification to the secretariat of the conciliation body. It must also be credibly demonstrated that no agreement could be reached in discussions between the employee and the supervising person, and it must be confirmed that the competent authority is informed about the dispute.

3. The conciliation body must be engaged before the expiration of any appeal period or before the filing of a lawsuit.

1. The conciliation body summons the employee, the competent authority, and possibly other affected parties to the hearing. The hearing is not public.

2. Those summoned must appear personally at the hearing, though representation by counsel is permitted. The conciliation body may allow representation if there are important reasons.

3. The conciliation body establishes the facts of the case. It may consider submitted documents and can particularly request official reports and evidence inquiries, as well as conduct an inspection.

4. A record of the hearing is kept. The record includes

a. the location and time of the hearing,

b. the composition of the conciliation body,

c. the presence of the parties and their representatives,

d. the requests of the parties,

e. the result of the conciliation hearing,

f. the signatures of the president or presiding officer and the minute-taking person.

1. In the event of a settlement in the conciliation procedure, the competent authority shall issue a corresponding decision, if necessary.

2. If no settlement is reached, the conciliation committee shall record the failure to reach an agreement in the minutes. Any appeal deadlines shall recommence upon the delivery of the minutes.

3. If the summoned parties who have approached the conciliation committee fail to attend the conciliation hearing without sufficient excuse, the request for the conduct of the conciliation procedure shall be deemed withdrawn.

1. The procedure before the conciliation body is free of charge. Party costs are not reimbursed.

1. The provisions of this Regulation, subject to the exceptions according to the following paragraphs and the special provisions of §§ 76-83, apply to

a. * the teachers of public schools of the canton and the municipalities,

b. * the management of cantonal schools, excluding the special schools and special school homes of the canton,

c. * the professionals of the educational services of cantonal schools, excluding the special schools and special school homes of the canton.

2. The following provisions of this Regulation do not apply to employees according to paragraph 1

a. § 11 Paragraphs 1-3 Principle of working hours,

abis. * § 11a Working time models,

ater. * § 11b Flexitime and annual working hours,

b. * § 11c Company-prescribed working hours,

bbis. * § 11d Trusted working hours,

c. § 13 General daily working hours,

d. § 14 Working time balance,

e. § 15 Compensation of working time balance,

f. § 16 Absences,

g. § 17 Overtime,

h. § 18 Paragraph 2 Non-working days,

i. * § 19 Recording of working time,

j. § 34 Regular vacation entitlement,

k. § 35 Proportionate vacation entitlement.

3. The following provisions of this Regulation apply correspondingly to employees according to paragraph 1

a. § 36 Taking vacation,

b. § 37 Sickness or accident during vacation,

c. § 38 Untaken vacation,

d. § 41 Paragraph 2 Legal claim to leave if the event falls within teaching time,

e. §§ 62-65 Assessment and development discussion (where the assessment does not affect salary).

4. §§ 2 and 68-74 do not apply to the municipal primary schools.

1. For the determination of the remuneration of teaching staff and school service specialists who are not employed for an entire school year, the Personnel Office calculates an annual target working time. This calculation takes into account the weekly teaching obligations of the respective category of teaching staff, their vacation entitlements, and days off.

1. The working time of teachers consists of classroom teaching time, designated working time outside of teaching, agreed working time outside of teaching, and freely structured working time outside of teaching.

2. The school administration may determine, within the designated working hours, when teachers must be present on the school premises outside of teaching hours. In public schools, this mandated presence must not exceed 10 percent of the prescribed working hours, with a maximum of ten working days scheduled during school holidays. The school administration provides timely notification of the designated working times with mandatory presence.

3. The annual working time of a full-time teacher corresponds to the annual target working hours calculated by the Personnel Office.

4. Appendix 1 to this regulation sets forth the framework for the ordinary weekly number of teaching periods to be completed within the regular working hours for each category of teaching staff. At the secondary level II and tertiary level, the competent authority may approve alternative working time models (e.g., annual working time with job description and comprehensive activity recording).

5. For the distribution of teachers' working time in public schools and cantonal schools at secondary levels I and II into individual areas of responsibility according to their professional duties, reference values are established by the Department of Education and Culture.

1. Lessons that are conducted beyond the personal teaching obligation on the order of the school administration throughout an entire school year are considered extra lessons. Lessons conducted in various schools that, in total, exceed the regular teaching obligation as per Appendix 1 are also considered extra lessons.

2. Extra lessons are to be compensated by reducing other lessons. § 36 Paragraph 3 applies accordingly.

3. Extra lessons that cannot be compensated due to operational reasons will be remunerated. Paragraph 4 is reserved. § 15 Paragraph 5 applies accordingly.

4. The members of the school management of cantonal schools and teachers at the tertiary level, Function Group B according to § 2 of the Salary Regulations for Teachers and Educational Service Specialists dated May 2, 2005, can only be granted compensation for a positive work time balance by the competent authority in cases according to § 15 Paragraph 4. § 15 Paragraph 5 applies accordingly.

1. Overtime is defined as the working hours performed on the instructions of the school administration beyond the personal work obligation for a limited period. The teaching staff is obliged to perform overtime to a reasonable extent in special cases.

2. Overtime must be compensated by time off of the same amount as soon as operationally feasible. Overtime that cannot be compensated within two school years for operational reasons shall be paid. Paragraphs 3 and 4 remain reserved.

3. Employees who head a cantonal school as service unit leaders are not entitled to compensation for overtime.

4. For other members of the school administration of cantonal schools and teaching staff at the tertiary level, function group B in accordance with § 2 of the Remuneration Regulations for the Teaching Staff and Specialized Staff of School Services dated May 2, 2005, the competent authority may only approve compensation for a positive work time balance in the cases outlined in § 15 paragraph 4. § 15 paragraph 5 applies mutatis mutandis.

1. Teachers who, in addition to their teaching duties, take on tasks in the service of the school pursuant to the professional assignment according to § 77 paragraph 1, may be correspondingly relieved in their weekly teaching hours by order of the competent authority.

2. The general reliefs are regulated in Annex 2 to this regulation.

1. Teachers receive an age-related reduction in workload starting from the school year in which they turn 50, equivalent to one week of the annual required working time. Starting from the school year in which they turn 60, they receive an age-related reduction in workload equivalent to two weeks of the annual required working time.

2. There is no entitlement to age-related reduction in workload for substitute assignments lasting up to four months.

3. The competent authority decides on the arrangement and utilization of the age-related reduction in workload based on guidelines. The guidelines for primary schools are issued by the Department of Primary Education in collaboration with the Human Resources Department. For cantonal schools, the Human Resources Department issues the guidelines in collaboration with the relevant departments of the Department of Education and Culture.

1. Teachers are entitled to 25 working days of vacation per school year.

2. If the employment is not full-time or does not last the entire school year, the vacation entitlement is only proportionate to the actual duration of employment.

3. The vacation must be taken during the official school holidays as specified by the school administration.

1. Professional development is among the rights and duties of every teacher.

2. On average over several years, it should comprise five percent of a teacher's working hours at public schools as well as vocational and middle schools, and generally take place during non-teaching periods. In-school professional development occurs outside of teaching hours.

1. The provisions of this regulation, subject to the exceptions in paragraphs 3-5, are to be applied to the school administrations, the professionals of the school services, as well as the other employees of the municipal and cantonal public schools.

2. Other employees of the public schools include professionals in day structures, social educators, as well as classroom assistants.

3. The provisions regarding the assessment and development discussion according to §§ 62-65 apply accordingly, although the assessment does not affect salary.

4. School principals and the responsible authority may mutually agree on trust-based working hours. § 11d applies accordingly.

5. §§ 2 and 68-74 do not apply to municipal public schools.

1. The workload of the administration of an elementary school and a music school is calculated according to Appendix 2 of this regulation.

1. The working hours of employees in agricultural businesses or households are governed by the cantonal standard employment contract for agricultural employment relationships dated May 5, 2000.

1. The following enactments are hereby repealed

a. Ordinance to the Personnel Act (Personnel Ordinance) of July 11, 1989,

b. Ordinance on the Oath of Authorities and Employees in a Public-law Service Relationship of August 22, 1995.

1. The Personnel and Remuneration Ordinance for Teachers of April 27, 1999, is amended according to the Appendix.

1. Apprenticeship Contracts and Internship Contracts shall be governed by the law agreed upon in the contract until their fulfillment.

1. Employment relationships established before the entry into force of the Personnel Act of June 26, 2001, are not to be counted towards the maximum duration of teaching assignments and other fixed-term employment relationships as stipulated in § 9 paragraph 2 of the Personnel Act.

1. This regulation shall enter into force for state personnel on January 1, 2003, for teachers at higher vocational schools, universities of applied sciences, and the University of Lucerne on October 1, 2003, and for other teachers and educational service professionals on August 1, 2003. It shall be published.